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Hussein HM (Software Consultant)     15 September 2013

Wife & her family cheats by false records & now threatening.

Dear Members,

I m from Maharastra, India.

In nut shell about my present case: My wife & her family has cheated me thru false Birth Records & Educational Qualifications. They have even forged the Birth Ceritifcate to reduce the age & mentioned higher qualification during marriage. Since after marriage I started requesting for Credentials/Documents for Marriage Certificate, Passport, Aadhar, etc, they made lot of excuses & later started threatening me with false criminal charges if I continue demand Docs. I somehow investigated (on my own) and found out their original records. When the original records are compared with a few docs & information (in writting) submitted, they are far away from truth.

When the truth was revealed, she was pregnant. I did not share such investigation & kept it confidential from them. After birth & 2 months of my baby daugther, I issue them a Legal Notice#1 & hence disclosing all investigations & trace of orginal docs. Since then they are quite.

I have filed a Criminal Case under IPC Sections 419, 420 & 463.

Her family approached many influential people but all in vain. In her family due to children of her brother, there is a lot of jealousness and harassment to my little baby. I learnt that her Bhai-Bhabi encourage their kids to beat my little baby. Due such teachings one of the hit my baby very hard on her head due to which she was rushed for test/scan. I issue them a Legal Notice#2 for this incident.

After all above Notices (1&2), my wife was warned by her family & relatives to stop communicating & updating me on my child. Her family has very violent enviroment & there are quarels almost everyday within her own family wrt to money, property, personal envy, children, disputes within family, etc.

Her Bhabi even messaged me & warned my wife that I should taking away my baby else she would even kill her. I have filed a FIR/NC for this threatening message. However, my wife does not share all this & always covers/supports her family members. 

Though all above, I still just cant go & grab my child, because she is on feeding and I m aware doing this will go against me, since Fathers are not suppose to do this unless Court Orders permits.

Regarding my baby daugther's Custody: My wife is aware that I m in process of filing a Divorce cum Custody fo the child case. I m now threatened by my wife & her family, either to accept her back or she will take her Bank's job transfer to a different State/City.

My wife conveys to me that she will be on job soon in other State/City & would keep my daugther with one of the relatives she would stay there, but will not give the child to me.

I m afraid whether I can stop her from doing so ? I would like to know under all above circumstances what would be my chances of getting Custody soon ? I m not saying or intending that after Divorce/Custody I will not be giving any rights to my wife, she been a mother she will be given all visiting rights.

I have consulted my Legal Advisor/Lawyer but still would be happy to get some more consulting. Please help !!... I m really worried for my child & very much in distress.

Regards - HM.



Learning

 12 Replies

2BHelpfull (Other)     15 September 2013

u can very well file case for divorce for cheating

 

custody of ur child will remain with her mother as she is only 2 mth old.

Hussein HM (Software Consultant)     16 September 2013

Sir,

thank you for the reply. I agree that my wife has more rights since baby is only 2 months old. But I would like to highlight the unethical behaviours, threatenings to my child in my wife's family and my wife supporting her family members & their children.

As a Father, I have no rights yet ?

Regards - HM

Hussein HM (Software Consultant)     16 September 2013

Sir,

thank you very much for your reply. I agree it would be difficult for me take custody, since the baby is on feeding.

 

But I would like to highlight about the unethical behaviours, threatenings, etc. How can I stop my wife from getting a deliberate transfer to a different city just to harass me (either to accept her or live without my child).

 

Regards - HM

rising up again (FFF)     16 September 2013

thats the irony of indian laws...

till 5 years no matter what , the mother gets the custody of the child... provided you can prove that she is mentaly instabe or of criminal nature or may harm the child...

else, i really doubt anything wud help u on this !!!!

Hussein HM (Software Consultant)     16 September 2013

Sir,

Thank you very much for the reply. My still concerned is, as per law parents are more important, will the law approve that my daugther will be my wife's relatives (far off) but not with her dad or own grand-parents.

 

regards - HM.

Hussein HM (Software Consultant)     16 September 2013

Sir, no chance of Custody ? under any circumstances ? not even partial ?

get_strong (engineer)     16 September 2013

Please dont take me wrong sense.Why you are so much keen and particular about your wife's age and educational certificates originality...if the relationship between you couple are good,you can forget the educational & age background and lead your life.If there are small mismathces & differences in the attitude,you can create the wrapo and change her and live .Dont bother about her family members and their behaviour.Once she comes back to you,its between you and her,and her family has nothing much to interfere.LAW is not the answer to all family disputes.Think about your daughter also.She needs a family.father and mother.She is still too young,to think about parents separation .Its just my opinion.Legal advice would be available from other family members.


(Guest)

A relationship can not be built on fraud.

Hussein HM (Software Consultant)     16 September 2013

Sir/Madam, I agree that relationship cannot be on fraud. Apart from above, there were lot of threats to me, including false criminal charges, divorce with higher compensation, maintenance n her family demanding a flat too. Getting her back means again inviting all these traumas. Needless to further about the family n their intentions. Because her own family is harassing her so much, I proposed her that even after divorce she can come to my city n I'll help her to get a accomodation a little away from my vicinity. This way I will be near to my child too. I don't think so there is anything wrong in my proposal. She earlier agreed but later denied this too. I'm sure her family is behind this harassment too. Please help me how do I help myself? Will the Court agree to my proposal as benefit to both?

Hussein HM (Software Consultant)     16 September 2013

Sir/Madam, I agree that relationship cannot be on fraud. Apart from above, there were lot of threats to me, including false criminal charges, divorce with higher compensation, maintenance n her family demanding a flat too. Getting her back means again inviting all these traumas. Needless to say further about the family n their intentions. Because her own family is harassing her so much, I proposed her that even after divorce she can come to my city n I'll help her to get a accomodation a little away from my vicinity. This way I will be near to my child too. I don't think so there is anything wrong in my proposal. She earlier agreed but later denied this too. I'm sure her family is behind this harassment too. Please help me how do I help myself? Will the Court agree to my proposal as benefit to both?

Hussein HM (Software Consultant)     16 September 2013

Experts, please help... waiting desperately for a reply n guidance. 

rising up again (FFF)     16 September 2013

hussain...

u are worrying too much. i know how it feels because i have also gone through all this.... its not easy at all, but you really have to be strong and face all this head strong. you cannot be weak and ask for everything your way.

- just try to calm down and do not indulge in any fights - verbal or physical with her.

- the indian laws are such...it wud take years if u start now.

- collect as many proofs against her and her family to suport ur problems.

- hire a professional experienced lawyer...he will be ur face in the court.

- for the kid...already replied to u..earlier....wud be very tough as she is too young..

- if u want the kid and the divorce, nothing comes free of cost, my fren...!! give the cost....!!! pay their demands or higher to get out of this..easily.... else, be ready...

no one here wud be able to give you exactly what to do... just understand..if u really need ur freedom and ur kid.... be bold and face all come what may.

 

best of luck..


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